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(영문) 대전지방법원 2016.12.22 2015노4046 (1)
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment, a three-year grace period, a probation, and a community service order) of the lower court against the Defendant is too uneased and unreasonable.

2. In light of the method and form of the instant crime, etc., the fact that the nature of the crime is not good is unfavorable to the Defendant.

However, in light of the following: (a) the Defendant’s mistake against himself/herself; (b) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the commission of the crime; and (c) the circumstances that the lower court is deemed to have exceeded the reasonable bounds of discretion in sentencing; and (d) the circumstances that the lower court is deemed to have exceeded, unlike the circumstances before and after the commission of the crime; or (b) there are no newly presented materials in the course of the trial of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In so doing, the lower court’s sentence against the Defendant is too unabunded

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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